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High Court of Himachal Pradesh · body

2025 DAILYLAW 22347 (HP)

M/S Bazaz Allianz Gen. Insurance Co. v. Roshni Devi AND OTHERS

CMP/17893/2023 · 2025-05-01

Vivek Singh Thakur

body2025

Judgment text

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Bajaj Allianz General Insurance Company Limited vs. Roshni Devi and others FAO (MVA) No. 199 of 2023 a/w Cross Objection No.20 of 2023 01.05.2025 Present: Mr.Jagdish Thakur, Advocate, for the appellant. Mr.Devender Sharma, Advocate, for respondents No.1 and 2-Cross Objectors. Respondents No.3(a) and 3(b) are ex parte vide order dated 23.12.2024 passed by Additional Registrar (Judicial). CMP No.17893/2023 in FAO No.199/2023 This application has been filed on behalf of applicants-respondents No.1 and 2 for release of 50% of amount of compensation awarded in their favour. Release of 50% amount has been opposed by appellant-Insurance Company, on the ground that there is every likelihood of reduction thereof, and in case of release of 50% of amount, it would be difficult for the Insurance Company to recover the same from the applicants. It has been submitted on behalf of applicants- respondents No.1 and 2 that claimants are agitating for just and fair compensation since long and till date they have not received the same. At this stage, balancing the interest and considering submissions, 30% of amount of compensation out of respective share of the applicants alongwith proportionate interest is ordered to be released in favour of applicants- respondents No.1 and 2, with condition that in the event of appeal being decided against the applicants, the amount so released, shall be refunded alongwith simple interest at such rate as may be prevailing at the time when the appeal is decided. The amount be directly remitted into the bank accounts mentioned in paragraph 5 of application, photocopies of front pages of Pass Books whereof have been annexed with this application. Application is disposed of in aforesaid terms. (Vivek Singh Thakur) Judge May 1, 2025 (Purohit)